This agreement is a legally binding contract between the Passenger(s) and Flights Compensation Limited having its registered business address at Charter House, 5 Pembroke Row, Dublin 2. Registration No. 578625 hereafter referred to as The Company. In consideration of The Company acting on their behalf the Passenger(s) hereby agree(s) to be bound by the within Terms and Conditions.
Scope of Work
1. The Passenger(s) herby engages The Company to act on their behalf in relation to their claim for compensation for delay/cancellation of a flight against the airline (as described in the letter of authority above).
2. The passenger authorises The Company to take all steps in relation to the pursuit of their claim including but not limited to:-
- Liaising with the airline and their agents directly in relation to the claim
- Contacting the Passenger(s)for additional information
- Taking up and holding for use in pursuit of the claim personal information belonging to the Passenger(s) Flights Compensation Limited, Address: PO Box 12774 Dublin 2 Registered Address: Charter house, 5 Pembroke Row, Dublin 2 Registration: 578625
- Negotiating and settling the Passenger(s) claim with the airlinee. Taking up settlement award directly from the airline on behalf of the Passenger(s) f. Instructing a member of their panel of solicitors in relation to their claim if The Company deems
it necessary to bring a claim for compensation through the courts
Fees and Charges
3. In the event The Company fails to elicit an award of compensation for the Passenger(s) there will be no charge to the Passenger.
4. The Company’s fees will be 25 % plus VAT of the Passenger(s) compensation whether it is by Settlement with the airline or by court award. The Company reserves the right to charge a cancellation fee as per the contents of Clause 16 below.
5. In the event the passenger accepts a non-cash award The Company’s fee will be 25% plus VAT of the cash equivalent of the award.
6. Any amount that remains unpaid for 30 days from the date of invoice shall incur interest at the rate of 1.5% per month or part thereof. Interest will be calculated on all outstanding amounts from the date of issue of the invoice.
7. In the event of default on payment by the Passenger, the Passenger will be liable for all losses, liabilities, costs and expenses (including but not limited to debt recovery and legal expenses, including commission charged by debt recovery agents and solicitors’ costs) on a full indemnity basis. The Passenger(s) hereby charges its interest in any and all land registered in its name as security for payment of monies it owes to The Company.
8. Unless otherwise stated, all rates, charges and/or prices are quoted exclusive of VAT, duty, taxes or any other statutory charge or fee payable in connection with the supply of services.
9. This Agreement is deemed to have been entered into in the country of residence of the Passenger(s). Any legal action arising out of, or in respect of this Agreement and/or the interpretation thereof shall be brought only in the country of residence of the Passenger(s): being the law of Republic of Ireland and the courts of the Republic of Ireland for Passenger(s) who reside in the Republic of Ireland; the law and courts of England and Wales for Passenger(s) residing in England and Wales; the law and Courts of Scotland for Passenger(s) residing in Scotland and the law and courts of Northern Ireland for Passenger(s) residing in Northern Ireland.
Warranty/Duty to Act
10. The Company provides no warranty that it will successfully secure compensation for the Passenger(s) and hereby reserves the right to refuse to act for the Passenger(s) at any time and for any reason The Company shall deem fit.
Flights Compensation Limited, Address: PO Box 12774 Dublin 2 Registered Address:
Charter house, 5 Pembroke Row, Dublin 2 Registration: 578625
11. The Passenger(s) hereby acknowledges and authorises the following:
- That the Passenger(s) could bring the claim directly to the airline themselves
- That the Passenger(s) will not instruct any other entity in relation to their claim unless they first validly terminate this agreement (see clause 15 and 16 below)
- That if the Passenger(s) is acting as next friend on behalf of a minor they are personally responsible for The Company’s fees and any award will need to be approved by the court
- That the Passenger(s) does not want any form of non-cash compensation and authorises The Company to reject any such offers. If the Passenger(s) accepts any such award they will be liable for the Company’s fees as per clause 5 above
- That compensation cheques will be paid directly to The Company who will then deduct their fees and transmit the balance to the Passenger(s)
Limitation of Liability
12. The liability of The Company to the Passenger(s) for any reason related to the performance of this agreement shall be limited to the monetary equivalent of the award payable to them under EU Regulation 261/2004.
13. The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of the remaining provisions. Clerical errors are subject to correction and do not bind The Company. Headings are for ease of reference only and do not form part, or affect the interpretation, of these terms and conditions.
14. Failure by The Company to insist upon strict performance of any term or condition herein shall not be deemed a waiver thereof or of any rights The Company may have, and shall not be deemed a waiver of any subsequent breach of any term or condition.
15. The Passenger(s) shall have a 14 day cooling off period from the date hereof to cancel the within Agreement. To cancel this agreement a formal, clear and unequivocal communication must be sent in the form of a registered letter to The Company’s trading address which is PO Box 12774, Dublin 2, Ireland or via
email to firstname.lastname@example.org.
16. If at any time after the expiry of the cooling off period the Passenger(s) wishes to cancel this agreement, 30 days’ notice must be given to The Company via formal communication in the form described at Clause 15. If at the expiry of the 30 day notice period The Company has not secured an award for the Passenger(s) the Passenger(s) will each be responsible for a cancellation fee of €50 plus VAT. If at the expiry of the 30 day notice period The company has secured an award or agreement for award in favour of the Passenger(s) the passenger(s) will be responsible for The Company’s fees as set out above.
Flights Compensation Limited, Address: PO Box 12774 Dublin 2 Registered Address: Charter house, 5 Pembroke Row, Dublin 2 Registration: 578625
17. Flights Compensation Limited is dedicated to proving the best possible service to our customers if at any time you have any issue with our service please contact us either by phone in Ireland on +353 (0)1 907 3050 in the UK +44 (0)151 909 2228 or via email at email@example.com.
Confirmation of Terms and Conditions
18. I/We the Passenger(s) acknowledge that the above terms and conditions are binding on me/us/our whether or not I/we sign the acknowledgement below in circumstances where the terms and conditions are sent to me/us by The Company prior to or during work being completed by The Company for the Passenger(s).